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202311 Middle East and North Africa_Tunisia_Debt_Imprisonment
Featured Scripts:
Sound clips: Jalia Hedhil (Mejid’s wife)
Mejid is a person I cannot describe, he has a great character and a big heart. Mejid was arrested in 2015 for writing bad checks. The hardships of prison affected him deeply and he is no longer the strong man he once was.
Sound clips: Siwar Hedhil (Mejid’s daughter)
We were always together, and my childhood memories are filled with memories of spending time with him. Of course, everything changed when he went to prison. We wrote poems and stories to each other. I realized that I could express my pain in an artistic way. It helped me get rid of my loneliness and depression.
Sound clips: Jalia Hedhil (Mejid’s wife)
Siwar was and still is her daddy’s daughter. They are inseparable.
Voiceover:
Mejid Hedhil, a former contractor and owner of a construction company, was hired by the Tunisian government in 2010 to renovate a building in Tunis’ Kasbah district, which houses several government ministries.
Sound clips: Jalia Hedhil (Mejid’s wife)
Our life was going great, but suddenly it hit rock bottom.
Voiceover:
Things started to change for Mejid in early 2011. Due to protests in Tunisia’s Kasbah district, Mejid had to cease field operations.
Sound clips: Jalia Hedhil (Mejid’s wife)
The suppliers soon learned that Mejid was facing financial difficulties, forcing them to cash the checks simultaneously. This situation put Mejid in serious trouble.
Voiceover:
It is a common practice to buy goods from a supplier in exchange for a check to be cashed later.
Tunisia’s business sector. This means business owners like Mejid can conduct commercial transactions at certain times, even if they cannot pay for goods or services immediately.
Voiceover:
Under this practice, suppliers provide informal loans to merchants, using checks as collateral, and the merchants promise to cash the money later, rather than immediately. This is a widely used business model,
Especially popular among small businesses.
Sound clips: Siwar Hedhil (Mejid’s daughter)
Checks play a vital role in moving the economy forward.
Sound clips: Jalia Hedhil (Mejid’s wife)
We are waiting for a partial payment of 400,000 dinars (119,000 euros)…
Sound clips: Jalia Hedhil (Mejid’s wife)
… (With that money) we could have paid checks and vendors.
Sound clips: Jalia Hedhil (Mejid’s wife)
If he was paid, Mejid would be able to pay off his debt.
Sound clips: Jalia Hedhil (Mejid’s wife)
When Mejid was arrested, our situation was very unstable and I could not afford a lawyer. This financial pressure seriously affected Mejid’s defense.
Sound clips: Siwar Hedhil (Mejid’s daughter)
Today, he has been in prison for nearly 10 years. The check law is unfair.
Voiceover:
According to the government, 496 people are currently detained for failing the checks, almost all of them entrepreneurs. If you are in prison, how can you take steps to repay your debts?
Voiceover:
Tough economic times have only exacerbated the problem. Today, Tunisia remains in
A severe economic crisis, high inflation, insufficient liquidity and heavy external debts have had the greatest impact on small businesses.
Sound clips: Jalia Hedhil (Mejid’s wife)
Society will judge you poorly based on your appearance without knowing the full truth of the situation.
Sound clips: Jalia Hedhil (Mejid’s wife)
I hope the President can fix the bounced checks and help reunite families. Words cannot fully describe the devastating situation.
Voiceover:
Imprisonment simply for debt is a violation of international human rights law. It not only deprives debtors of their freedom and affects their physical and mental health, but also harms their families, exposing them to stigma and worsening their living conditions.
Due to imprisonment.
Sound clips: Siwar Hedhil (Mejid’s daughter)
When my father was in prison, money became a huge problem. We could not even afford the basic necessities of life.
Sometimes I don’t eat for several days.
Sound clips: Siwar Hedhil (Mejid’s daughter)
It promised to pardon and release him, pledged reforms and said it would pay him.
Voiceover:
Authorities need to assess each case individually, release prisoners who are unable to repay their debts, rehabilitate them and support them in developing debt repayment plans.
Sound clips: Siwar Hedhil (Mejid’s daughter)
I hope the laws can be changed and better solutions implemented because incarceration is not the answer.
Sound clips: Siwar Hedhil (Mejid’s daughter)
I want my dad to be out of jail and the truth to come out. Then we can spend some quality time with him and share some precious moments together.
- At least hundreds of people are in jail in Tunisia for writing cheques that could not be paid. Many others facing charges are in hiding or in exile.
- The practice amounts to debt imprisonment, destroys families and businesses, and violates international law.
- Tunisia should replace this system with an alternative system of prison debt repayment; debtors should be released and allowed to develop repayment plans.
(Tunisia) – At least hundreds of people are being held in Tunisia “Jailing people simply for writing checks they later cannot pay amounts to imprisonment for debt, violates international human rights law, and destroys families and businesses,” Human Rights Watch said in a report released today.
In this 41-page report,‘No way out’: Imprisonment for debt in TunisiaHuman Rights Watch has documented the consequences of Tunisia’s outdated insufficient funds check legislation. In addition to sending those unable to pay their debts to prison, hiding, or exile, the law exacerbates a cycle of debt that traps entire families. In the context of Tunisia’s current economic crisis, the authorities should urgently replace legal provisions allowing for imprisonment for debt with a law that distinguishes between willful refusal and true inability to pay.
“Immigration for unpaid debts is an anachronistic practice that is both cruel and detrimental to ensuring that creditors receive the money they are owed,” SalsaBill Cerrali“When debtors remain free, they have the opportunity to earn an income that allows them to gradually pay off their debts while supporting their families.”
On May 22, the Prime Minister’s Office announced in a statement statement The statement said the Council of Ministers had approved a bill to amend legal provisions on unpaid cheques, which proposes reducing prison sentences and financial penalties and providing alternatives to imprisonment, among other measures. bill It has been submitted to the National People’s Congress for deliberation.
Human Rights Watch documented the cases of 12 people prosecuted for unpaid checks, including people in prison and others in hiding or exile.
Although originally conceived as a means of payment, in practice in Tunisia cheques are widely used as a means of obtaining credit, especially in the commercial sector, where entrepreneurs can obtain commercial goods or services by means of a cheque that will be cashed on an agreed date.
Given that MSMEs face difficulties in obtaining bank financing due to lack of collateral or restrictions on bank financing conditions, many business sectors rely on this practice, known as “guaranteed cheques.”
When people who issue “guaranteed” checks are unable to pay them, they risk going to jail because under Tunisian law, unpaid checks are considered a criminal offense punishable by up to five years in prison. Commercial Code. according to governmentAs of May 2024, 496 people have been jailed for non-payment of checks, according to the National Association of Small and Medium Enterprises, a business association focused on the issue.estimated That number is closer to 7,200, with authorities hunting for thousands more for unpaid checks. Such prison sentences are cumulative.
Incarcerated people often face stigma, and a lack of income while incarcerated or trying to evade prosecution affects their enjoyment of human rights, including access to basic services such as health care, housing or education. Debt-induced economic distress could be caused by Tunisia’s Public Service and social Security system.
In one documented case, building contractor Mejid Hedhli was sentenced to 122 years and nine months in prison in 2016 for approximately 50 inspections. Hedhli renovated a public building in 2010, but the construction suffered delays and material damage following events during the revolution in 2011. His family also said that the public agency he was contracted to work with did not pay him his full salary.
“If Mejid had not been in jail, he would have been working and paying off all his bills,” said his wife, Jalila Hedhi. “His life was wasted, but the bills were never paid.”
When the first check is rejected by the bank, debtors often face huge fines and fees, as well as mounting costs from other creditors demanding immediate payment, Human Rights Watch interviews show. Heavy debt and the risk of imprisonment often cause people to cease all economic activity, go into hiding, or flee abroad.
Human Rights Watch said current legislation unfairly fails to distinguish between people who cannot repay their debts for pressing financial reasons and those who use checks for fraudulent purposes.
Debt also places a burden on the debtor’s extended family members, who often help pay off some of the debt by selling their own assets or taking out bank loans. Debt can also have a negative impact on the health of the debtor and their family..
Debtors rarely get effective legal representation to deal with unpaid checks, either because of lack of financial resources or because they resign due to inability to pay their debts. However, the presence of an attorney is particularly important when requesting a postponement of the hearing and giving the debtor more time to raise the required amount. If the debtor is able to pay the debt before the court’s judgment, the prosecution will stop.
Because writing these checks is considered a formal crime, judges do not have to consider the intent of the check issuer, examine the circumstances that led to the debt, or find alternatives to incarceration.
Going to jail for debt rarely results in the creditor paying the debt, especially if the debtor is poor. In the cases where the debtor does pay the debt, it is usually because of pressure on the debtor’s family members, who may chip in to help.
President Kais Saied supports the amendment of the law and said it will be implemented in 2023. instruct Justice Minister Leïla Jaffel has proposed a bill to legalize these inspections. Economic actors such as the Tunisian Federation of Industry, Trade and Crafts, Tunisia’s largest employers’ organization, Respected In July 2023, lawmakers submitted a bill An amnesty for those prosecuted in connection with these inspections has been offered, but it has not yet been debated.
Tunisia should swiftly replace the legal provisions that allow for imprisonment for debt with legislation that takes into account the reality of checks as a credit instrument, provides alternatives to imprisonment, and gives creditors a sustainable means of recovering their loans. Those unjustly imprisoned under this law should be released and allowed to develop debt repayment plans, as should those who are in hiding or in exile.
Tunisia also needs to adopt personal bankruptcy legislation, as it lacks a personal bankruptcy law to provide relief to debtors facing financial difficulties, including entrepreneurs in the informal sector.
“Parliament should change the law to allow debtors who have no intention of defaulting to effectively walk out of jail and out of the economic downturn,” Ceraly said. “It’s also an opportunity to better prevent bankruptcies and take steps that will benefit the economy in the long run.”
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